The Board cannot make a fully-informed decision on the issue of entitlement to service connection for sleep apnea, as the current VA examiner's opinion is inadequate. The Veteran contends that his sleep apnea is due or aggravated by his service-connected disabilities, but the examiner did not consider these factors in their assessment.
The deciding factor: The Board needs an examiner to consider whether the Veteran’s service-connected disabilities are at least as likely as not to cause or aggravate his sleep apnea.
- Claimed conditions
- sleep apnea, persistent depressive disorder, soft tissue injury of the lumbar spine, right shoulder dislocation of the acromioclavicular joint, chronic fatigue syndrome, right ureteral calculus, bilateral ankle degenerative arthritis, right knee degenerative arthritis with meniscal tear, left knee tri-compartment degenerative joint disease, rheumatism in right and left lower extremities involving the sciatic/anterior tibial nerves, right hip degenerative arthritis with limited extension and flexion and limited abduction and adduction, left hip degenerative arthritis with trochanteric pain syndrome, limited extension, limited flexion, limited abduction and adduction, chondromalacia of the right and left knees, right shoulder separation and limited motion of the arm above the shoulder, chronic diarrhea, external hemorrhoids, erectile dysfunction, Burkitt's lymphoma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2019
- Citation
- 19116538
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19116538.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.